According to Florida Statute 509.035; an emergency closure is not a disciplinary action, but rather an action taken to mitigate conditions that pose an elevated risk to the health, safety or welfare of the public or the establishment's employees. The licensee is closed until the conditions are corrected. Examples of conditions warranting immediate closure include: lack of approved utilities or hot water, sewage backups or overflows, fire damage, pest infestation or inadequate refrigeration.

A 24-hour callback inspection will be performed after an emergency closure or emergency suspension of license. The establishment may reopen only when a division inspection shows that all critical violations that caused the suspension are corrected.

We find no records that indicate that Charlie & Jake's Brewery Grille, Melbourne has ever been issued an emergency closure.

1 Disciplinary Activity Orders Since January 2007

The Division of Hotels and Restaurants conducts regular inspections of public food service establishments to assure compliance with state sanitation and safety laws.

Charlie & Jake's Brewery Grille either allowed conditions to exist that pose an immediate threat to the public's health and safety or repeatedly did not correct non-critical violations noted during routine and call-back inspections, despite being given oral and written warnings and ample time to do so.

Each of the listed cases involves either a signed stipulation (“settlement”) between the Department of Business and Professional Regulation (DBPR) and Charlie & Jake's Brewery Grille or a Final Order issued after a formal administrative hearing has been conducted. Section 509.261, Florida Statutes, authorizes the Division of Hotels and Restaurants to fine, suspend or revoke the license of establishments that do not comply with state health and safety laws.

According to Florida Statute 509.292; an operator may not knowingly and willfully misrepresent the identity of any food or food product to any of the patrons of such establishment.

The identity of food or a food product is misrepresented if:

The description of the food or food product is false or misleading in any particular;

The food or food product is served, sold, or distributed under the name of another food or food product; or

The food or food product purports to be or is represented as a food or food product that does not conform to a definition of identity and standard of quality if such definition of identity and standard of quality has been established by custom and usage.

We find no records that indicate that Charlie & Jake's Brewery Grille, Melbourne has ever been cited for food misrepresentation.

4 Food Service Inspections Since July 1, 2014

Inspection For:CHARLIE & JAKE'S BREWERY AND GRILL

License Number:1504631

License ID:2135321

Inspection Visit ID:5446156

Inspection Date:Friday, October 24, 2014

Inspection Number:2460471

Visit Number:2

Inspection Class:Food

Inspection Type:Complaint Full

Inspection Disposition:Call Back - Complied - Return visit from a previous warning found violations to be corrected.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:15

Number of High Priority Violations:4

Number of Intermediate Violations:2

Number of Basic Violations:9

Details

ViolationObservations of Inspector [as written on inspection]

36-03-4Basic.Cove molding at floor/wall juncture broken/missing. Work in progress.

35A-02-4High Priority.Live, small flying insects in food preparation area. Several flies in kitchen. 6/16/14 two flies observed in kitchen.

Inspection For:CHARLIE & JAKE'S BREWERY AND GRILL

License Number:1504631

License ID:2135321

Inspection Visit ID:5254653

Inspection Date:Tuesday, June 10, 2014

Inspection Number:2386036

Visit Number:2

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Administrative Complaint Time Extension - Return visit indicates establishment operator is attempting to comply, but is unable at this time due to circumstances beyond control. Violations may not be noted again on these inspection reports.

35A-02-4High Priority.Live, small flying insects in food preparation area. Several flies in kitchen.

35A-05-4High Priority.Roach activity present as evidenced by live roaches found. 1 live on leg of oven stand in kitchen. 1 live under prep table in kitchen, 2 live in dish area, 1 live in dry storage area. 6/10/13-- 2 in dish area, operator killed.

35A-02-4High Priority.Live, small flying insects in food preparation area. Several flies in kitchen.

35A-05-4High Priority.Roach activity present as evidenced by live roaches found. 1 live on leg of oven stand in kitchen. 1 live under prep table in kitchen, 2 live in dish area, 1 live in dry storage area.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:14

Number of High Priority Violations:0

Number of Intermediate Violations:3

Number of Basic Violations:11

Details

ViolationObservations of Inspector [as written on inspection]

16-21-4Basic.Accumulation of debris on exterior of warewashing machine.

14-01-4Basic.Bowl or other container with no handle used to dispense food. Brown sugar and sugar **. Repeat Violation**

36-73-4Basic.Floor soiled/has accumulation of debris. Throughout kitchen, heavy under dish area equipment, corners and at baseboards.

36-24-4Basic.Holes in wall. Several holes throughout establishment, kitchen, dry storage.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Inspection Disposition:Call Back - Complied - Return visit from a previous warning found violations to be corrected.

Total Number of Violations:5

Number of High Priority Violations:0

Number of Intermediate Violations:0

Number of Basic Violations:0

Details

ViolationObservations of Inspector [as written on inspection]

12B-07-1Observed an open beverage container on a food preparation table or over/next to clean equipment/utensils. Open bottle of water on prep table and employee drink on hand washing sink in dish area. **Warning**

40-04-1Observed personal care item stored with food. Radio and other personal items stored on prep table used for slicer also hat on shelf with food equipment. **Warning**

Inspection For:CHARLIE & JAKE'S BREWERY AND GRILL

License Number:1504631

License ID:2135321

Inspection Visit ID:4873305

Inspection Date:Tuesday, February 26, 2013

Inspection Number:2263634

Visit Number:1

Inspection Class:Food

Inspection Type:Complaint Full

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

09-01-4High Priority.Employee touching ready-to-eat food with their bare hands - food was not being heated as a sole ingredient to 145 degrees F or immediately added to other ingredients to be cooked/heated to the minimum required temperature to allow bare hand contact. Establishment has no approved Alternative Operating Procedure. Tomatoes

12A-06-4High Priority.Employee failed to wash hands before putting on new set of gloves to work with food. **Corrected On-Site**

12A-09-4High Priority.Single-use gloves not changed as needed after changing tasks or when damaged or soiled. **Corrected On-Site**

41-02-4High Priority.Toxic substance/chemical stored by or with food. **Corrected On-Site**

53A-05-4Intermediate.No currently certified food service manager on duty with four or more employees engaged in food preparation/handling. On warning call back due 2-27-13 manager states took test 2 weeks ago hasn''t got the results. Spoke with Nick slaty or the instructor Dale smith passed 2-20-13 national food registry **Corrected On-Site**

Inspection For:CHARLIE & JAKE'S BREWERY AND GRILL

License Number:1504631

License ID:2135321

Inspection Visit ID:4642236

Inspection Date:Thursday, December 27, 2012

Inspection Number:2176178

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Warning Issued - Sanitary and/or safety conditions require the inspector to return in the near future to ensure corrective action has been taken for violations found.

Total Number of Violations:26

Number of Critical/Risk Violations:13

Number of Noncritical Violations:13

Details

ViolationObservations of Inspector [as written on inspection]

03B-03-1Critical.- Potentially hazardous food not held at 135 degrees Fahrenheit or above. Meat balls in steam table found at 109°f. Recommended reheating to 165° and holding at 135°f stirring occasionally. **Warning**

12A-09-1Critical.- Observed food employee wearing jewelry other than a plain ring on their hands/arms and fingernail polish while preparing food **Warning**

12B-07-1Critical.- Observed an open beverage container on a food preparation table or over/next to clean equipment/utensils. Open bottle of water on prep table and employee drink on hand washing sink in dish area. **Warning**

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:20

Number of Critical/Risk Violations:8

Number of Noncritical Violations:12

Details

ViolationObservations of Inspector [as written on inspection]

03A-07-1Critical. Observed potentially hazardous food cold held at greater than 41 degrees Fahrenheit. Short ribs at 61 degress fahrenheit stored above the chill line in a cookline cooler rapid chill to less than 41 df implemented proper storage of cold food Corrected On Site.

12B-03-1Critical. Observed employee drinking from an open beverage container in a food preparation or other restricted area. Dishroom

14-35-1Observed ripped/worn tin foil used as shelf cover. On most of the kitchen area shelves

14-36-1Observed gaskets/seals on cold holding unit in poor repair. On reach in coolers

14-37-1Observed cutting board grooved/pitted and no longer cleanable.

14-41-1Food-contact surface not smooth and easily cleanable. Many food containers are broken and cracked

15-31-1Observed nonfood-contact equipment in poor repair most of the work / table shelves that are covered with tin foil are heavily rusted

42-11-1Observed unnecessary items on the premise. Old equipment stored behind the building

51-18-1No copy of latest inspection report.

3 Food Service Inspections for July 1, 2010 - June 30, 2011

Inspection For:CHARLIE & JAKE'S BREWERY AND GRILL

License Number:1504631

License ID:2135321

Inspection Visit ID:3944635

Inspection Date:Thursday, April 14, 2011

Inspection Number:1949595

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:22

Number of Critical/Risk Violations:7

Number of Noncritical Violations:15

Details

ViolationObservations of Inspector [as written on inspection]

02-26-1Critical. Working containers of food removed from original container not identified by common name. Walk in cooler. Corrected On Site.

53B-08-1Critical. Violation: 53B-08-1No proof of required employee training provided. All public food service establishments must provide the division with proof of employee training upon request, including, but not limited to, at the time of any division inspection of the establishment. Pro This violation must be corrected by : 11/16/2009.

Inspection For:CHARLIE & JAKE'S BREWERY AND GRILL

License Number:1504631

License ID:2135321

Inspection Visit ID:3606163

Inspection Date:Wednesday, September 16, 2009

Inspection Number:1837029

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Warning Issued - Sanitary and/or safety conditions require the inspector to return in the near future to ensure corrective action has been taken for violations found.

Total Number of Violations:43

Number of Critical/Risk Violations:28

Number of Noncritical Violations:15

Details

ViolationObservations of Inspector [as written on inspection]

02-22-1Critical. Ready-to-eat, potentially hazardous food prepared on site and held more than 24 hours with not properly date marked. RTE MEATS IN WIC

02-26-1Critical. Working containers of food removed from original container not identified by common name. FLOUR AND SUGAR

53B-08-1Critical. No proof of required employee training provided. All public food service establishments must provide the division with proof of employee training upon request, including, but not limited to, at the time of any division inspection of the establishment. Pro This violation must be corrected by : 11/16/2009.

3 Food Service Inspections for July 1, 2008 - June 30, 2009

Inspection For:CHARLIE & JAKE'S BREWERY AND GRILL

License Number:1504631

License ID:2135321

Inspection Visit ID:3166934

Inspection Date:Tuesday, April 14, 2009

Inspection Number:1655713

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:8

Number of Critical/Risk Violations:4

Number of Noncritical Violations:4

Details

ViolationObservations of Inspector [as written on inspection]

05-06-1Critical. Food thermometer not accurate within +/- 2 degrees Fahrenheit. Metal stem thermometer employee was using was not calibrated. Corrected On Site.

51-16-1Plan Review Application, required documents, and plans that were submitted on 11/6/08 to Tallahassee are incomplete. Call plan reviewer Andy Smith at 850-488-1133. This violation must be corrected by : 2/6/09.

Each restaurant inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day Charlie & Jake's Brewery Grille in Melbourne Florida may have fewer or more violations than noted in their most recent restaurant inspection. An inspection conducted on any given day may not be representative of the overall, long-term conditions at Melbourne's Charlie & Jake's Brewery Grille.

A summary of violations found during inspections are listed in the Food Service Inspection boxes above. Cited are violations of Florida's sanitation and safety laws, which are based on the standards of U.S. Food and Drug Administration's Food Code.

Effective January 1, 2013, the Florida Division of Hotels and Restaurants adopted a new three-tiered violation classification system that replaces the "critical" or "non-critical" classification in use up until then. The new system uses the terms "High Priority," "Intermediate" and "Basic" which better define violation information for consumers, making it easier to understand.

In general, High Priority violations are those which could contribute directly to a foodborne illness or injury. Although the Department of Business and Professional Regulation (DBPR) uses the term "High Priority", varying degrees of severity and potential risk to the public require inspectors to assess each situation in determining the appropriate action. In addition, while Charlie & Jake's Brewery Grille may have multiple violations, the inspectors' training and judgment formulate the overall result of the inspection to ensure public health and safety.

Intermediate violations are those which, if not addressed, could lead to risk factors that contribute to foodborne illness or injury. Basic violations are those which are considered best practices to implement.

Formally, Critical violations were those that, if not corrected, were more likely to contribute directly to food contamination, illness or environmental damage. Noncritical violations did not directly relate to foodborne illness risk, but were preventive measures that included practices and procedures which effectively controled environmental conditions. Left uncorrected, noncritical violations could undermine the overall food safety program of an establishment and lead to the development of critical violations.

While most establishments correct all violations in a timely manner (often during the inspection), the division's procedures are designed to compel compliance with all violations through follow-up visits, administration action or closure when necessary.

Violations listed refer to the revelant section of Florida regulation that has been observed to be deficient during the inspection. Each establishment must comply with the language of the inspection statement. For purposes of enforcement and compliance, the DBPR recognizes the status as printed on the inspection form, although the severity of the violation observed may warrant additional action regardless of its "High Priority/Intermediate/Basic" or "critical/noncritical" designation.